The Sun. — London, England, 1808-07-21 00:00:00

ition determined the Royal Standard was displAyed, • and the nuvq natne of his Royal Flightless sound ed frthu all quarter..' All the, officers whom they met joined them, and ,took the oath of 'honour, which excited enthusiasm and atfeCtion ; the posts were disti ibuted, and every one was at work -; •the 114ajor Ray ]undo Jose Pinhiero, Commander of the. Fort of St. Joan de, Foz, at th;o :mouth of the river, known .for his .fidelity, enogy, and love far our Prince, concerted the most able dispositions for de 7 fence,and for directing the people ; the enthusiasm and 'energy cannot be described ;• upwards 0f50,000 persons were provided with. anus and arnmarrition, and from that night the 'Cif „was in a state_ de . . 7 fence, and waited the euerrk,ivith impatience ) 'but be tied. On - tile morhirtg of the iWit-the proteaion oftlre Almighty being implored, and prayers of thanks giving having been.otfered up with as touch piety as fervour, in the Cathedral of .this City, a Provisional GovernMent was eluted, composed of the most Ex celleat :Ind Rev: Don Antonio, of St. Joseph, and CaStro, Bishop of the llocese, President, and eight Members Oldie ditterent classes, viz. of Ecclesiastics, Doctor Dezetubargador ; Provi,zor of Ore Bishoprick, Mauoel Lopes Loureiro ; and the Doaor Dezetn-• hargador, Vicar General ; Jose Dias Du Oliveira, of tile: Military ; Major Ant. 'De Silva Pinto , and the Captain 'corinanding the Artillery of the body of Magistrature of the Relacam; the Dezembargador Jose De Mello Freire, Judge for the. Crown ;.and -the•Dezentbargador of Agravus, Luis De Sequeiro -De Game Ayala, -ot the Body of the. Citizens ; An tonio Mathews Friere De - Andrade and Antonio Ribeiro Braga ;,in this Jueta the Supreme Authority is ve,ted, until, His. Royal. Higline,s shall, order to the contrary, or the lawful Government shall be re-- stored to the Capital : it is its - ,.citity to maintain the laws, usages, customs, and privileges of the nation, As tar as they are consistent with the present cireutn - stances and t.!..: - cute of the country. The most pro found meditation could not produce a more judicious elettion ; wisdom, dexterity, energy, disinterested ness, the most marked fidelity, and most acknow ledged - patriotism, -are the distinguishing qualities •that compose the character of the most Excellent and Reverend President, and, the respective Mem lors of the Supreme Council w ,,The most efficient Measures have been takeujor the uninterrupted security within and defenCe without. The love of our Sovereign .and Coutirry, -is expressed by o:ery tongue. - Thegeneral einOthio among the inhabi tants, the continual chiming . : of the bells, and a splendid illumination in every quarter of the city for three' nights, all announced the satisfactiou with vhieh every heart overflowed... Contributions have been voluntarily offeredvaliant young men flock to the Royar Standard from all parts—the secular and reptile clergy present a fresh and glorious testi mony of their religious • and ..social virtues.; they form corps for the defence of the State, and Life guard of the city is under the command of .their lustrious Dean. The best order and harmony pre vails amongst the inhabitants of every description, energy and valour increase every instant; these vir-. toes must have their efleia on the common enemy : he well knows that General Loison, after crossing the Doily°, has been chased by the people of Gul maraens, Braga, and Tras os Moines, that he flies with precipitation, but cannot avoid the valourbus Trans Montanos, who still follow - him, making great havock in his disbanded division, killing his superior offiters, and taking from him important spoils. We shall give a more circuin,tantial account of the successes; they strengthen us in our confi dent hopes that the empire of usurpation, perfidy,. and sednaion annihilated, and that the better cause will have the better end, and that - the restora tion of our amiable Prince will crown our wishes, and bring hack those days of felicity so Violently in terrupted. Great are" the presages of our prosperity, from the prompt re-establishment of public order, the absence of ca itnes, the model ation and peace that prevail among ail. The Government that direas us spates no pains to complete our happiness. - A wise : and vig4itnt Magistrate piesides.,,in the Police De partment, who punishes theqivieked and proteas good subjects of his . Royal„kitghness. It becomes us to observe a correspondil'lg .eineanonr, by obey ing, by . confidint!' in our Government, and by unit ing amongst ourselves. ,Ouvobje . is are, 'no less than the glorions- re-astabli f shkrient of our religion, and the restoration to the Ththrie of our lawful So. vereigu. 7 1 . • It is therefore necessary that the charaaeristic marks of these two enterprises should be kept as distinct ai their ends, are opposite—that as crimes rendered the French revolution abominable, so vir tues shall signalize our restoration. That we may breathe nothing else but the love of our Sovereign and our Country, taking care not to pollute - the glo riou-s end we propose to ourselves, that of calling back to us our August &Aweigh. ' On the 18th day of June last, the most eNcellent Bernardino Freite tie Andrade arrived in this -City, who had been nominated Governor of the Arms and , of its District: by the Prince Regent, and who had suspended this employment in consequence of the absence of uur Sovereign. He comes Furth, how ever, as s.non.as his gyps' Government is restored, and tb dercence of the State gives him an opportu nity of disiPaying his fidelity, and of augmenting the glory of tilt:Royal Service; CORONER'SINO.O EST.—An In9uisition was taken yesterday at the Artichoke, Mill-lane, on the body of Nathan James Wendover, a young Gentleman, nineteen years of age, who was drowned, in the ;New Canal on Sunday. The tads attending this c.lse were of a melancholy nature. The deceased, who was of very reputable parents in London, had been on a visit to the house of , Mrs. Wills, and after dinner he, and two other young Gentlemen of the party, went to bathe in the canal. Mr. NV. got out 01 his'depth in the current, and,.although he never could swim, he contrived to jialance. himself above water for the space of 20 yard's, when he sunk. A hibouring, wan, who .vas on theospot, jumped into the water to rescue him, but unfortunately lost his life in his humane endeavour , to save a fellow crea ture. None - of the parties , eQuld swirn.—Verdid Accidental .Death; and the same , : return was made by the inquest on the labourer. Hl6ll WATER Al' LUNLUN BRIDGE ROW Alorni67, 6 in:in. atter t. Afternoon, 33 min. after t. L.l R l'O COURT OF KlNG's‘ BENCH, !tici• SIC - TINGs Tik.Fultfl.l.(sxll t.i.LENIIOI..ruGH ANIJ irECIAL JUIKY. WEST INDIA DOCKS MESSRS. JOAN 4,;;D GEORG% COWAN . V. SMITH; ESQ. SECRETARY TO THE PROPitIETOBS ON THE WEST INDIA DCCKS. Mr. TOPPING stated this case, and observe] it was SU action brought to recover a very small sum, but to - ascertain a quesiloo of great importance re lating to the West Inoia Docks and the sprit Mer chants. The circumstances were, that a Mr.. I.4:ord had imported 32 puncheons of in June, 1807, which were bonded at the West India D •cks, there being an A& of Perhament. of the prt:scnt Kit% to that etre& ; they were regularly ganged. On the' fled of September Mr. Ford sold . 28piticheons to the Plaintiffs, when• they were again ganged, and ,no deficiency was found in the purcheons No. 3 and The Plaintiff let them remain until the L!'il of December, when, on ganging the puncheons„No. 3 and 12, there was found to be a deficiency of about 6 gallons. The Learned - Counsel ,then observed, tins action was brought to recover the' diminution, not; for the sake of the value, but to determine whether the West India Dock Company, whti . have, the exclusive right of the monopoly of this trade, should be answerable for the ariscondua of their ser vants ? The 'West India Dock Company, when they got into possession, cli.l not follow the mode of the Proprietors.of the legal quays, by stowing their liquors" in cellars; instead of which they had built a shed upon the Wharf, with , a number of windows, - skylights, and doors, about twelve feet from the surface of the earth, covered in with slates, that caused a most immoderate heat, and injured the spirits bonded. He would prove that the Company were obliged to have water thrown by the means of an engine over these sheds, to , try to cool them.— Although the present object appeared small, it was a .question of great consequence, when it was con sidered what a qtiantity of spirits were imported into this port, and the merchants were not only losing by the mismanagement of the Company a cliantity of spirits, hut also they were obliged to pay 'duty for that which they never received. He would not only proye there had been a diminution in the quantity, but also in the proof. He would prove this case, and he wa!, not the least doubtful but the Jury would give a verdict for the Plaintiffs. kle . then proceeded to call his witnesses. Mr. Joseph Ford deposed, that ,40 imported and sold the twenty-eight puncheons' of rum to the Plaintiffs, and on the 22d of September they ,had been re-gauged, when there appeared to be a dimi nution; in casks •23 and 28, of three gallons. He paid the Plaintiff t3s. being the first cost of the rum. He made no allowance on the puncheons 3 and 12. Cross-examined by Mr. ATTORNEY •.GENER AL. He did not know whether there was any diminu tiuti in puncheons 3 and 12. He was paid forthe, whole in September. John Pearson, excise-officer, deposed, that he gauged the cargo of rum that came in the Vi;~en, on the iGth of June ;' allowed :5 7 10ths of an inch, about a gallon, on each - cask, for wastage ; this was usual on the landing ; had not the account of number of casks gauged. He knew the sheds ereal ed by the West India Dock Company, and also the vaults that were made use of before their ereEtion. The vaults certaihly were the best. The sheds were very hut, built on the surface of the ground, with a great number of doors ; about 16 or t 8 ; the sun reflected very much - upon them, and when the doors Were open there were drafty of air, which causes, together, would produce both a diminution of quantity and 6trength. Cross-examined by Mr. ATTORNEY-GENERAL. The West India Docks was the place appointed by A6l of Parliament for all foreign spirits to be bOnded, and they could be bonded no where else; but it was not obligatory on the importer to bond them, for he right have paid the duty and taken them away. The ATTORNEY-GENERAL admitted the storing of the goods. Charles Anderson, gauger to the Dock Com pany, proved the gauging of the cargo, on the t 6th of June, with tthe allowance of one-tenth of an inch for wastage ; the sale of the 28 pun .cheons to the Plaintiffs. in September; and. that ht: gauged the puncheons No. 3 and t 2, on the 22d Of September, when there was no diminution ex cept that of the one-tenth of an inch for wastage, which never was taken into consideration after the landing; on the 2d of December he gauged them again, when they were leaving the Company's Docks, and there appeared a diminution of rather better than two gallons in each of the puncheons. On his cross-examination by the ATTORNEY. GENERAL, he.said that spirits would expand in hot weather, and condense in cold—had seen instances of it. He had gauged a cask on the 28th of March, and on the ist of May following he Lid gauged' it again, when it had expanded 3 , loths ofzei inch, and, from the best judgment he could give, the dimi nution-had been caused by the weather, and not by any negledt or impi - oper conduct of the Company's servants. Four Excise Officers proved that the spirits in general turned out to be shorter than when landed, since the West India Dock Company liad,macle use of the sheds, and it was not the ease_ bLore, al though the same allowance was mane. Mr. Stonehouse, spirit merchant, deposed, that he had seen the sheds, and thought them very im proper places to stow spirits in, being so near the surface ~f- the • earth, • which made them as much. exposed to the weather as if they were in the open air; when merchants bonded their goods in jheir, own cellars, there was oftener a surplus than a de- Ociency. On his cross-examination he stated, that he was DOE interested in s thin trial any farther than he had suffered . from the nuisance, and would wish it was done away with ; would notsay he would not bring an a6tion if the present . Plaintiff's succeeded, but had. never engaged to pay part of the costs it the Plaimiffs should be defeated ; in fait he 0 - ever was asked fife questiob. Six revealable spirit merchants corroborated the evidence of the last witness; - LONDON : Printed by It Tali aRD lip RRes, of No. 4, Martlett-court, Bow-street; 41 tilt. Su N-Orricki No. i Strand; where eidvet tistinents,"Orders tc \lr. rroPr":NG dbieiN ecj . 11 . 1's'ca Se 'was closed. Mr. ATTOTINEY-(hNERAI., Counsel fora the De -fetui•Atits, then a.idresttSd 'the COurt and Jury, and .observed,,_thatthis action was not brought by the 1 ) h-timid's aJone, but by a combination of the spirit, merchinits, to do away with the regulations of the West India I)ock4, which they did not like, as they' kept them too Stria in regard-to the Te‘.entie of :the country. The obje& in the declaration was chargmg - the servants of the Company with peculation, making away With - 800 gallons ofrum, to the amount of 1001. anti upwards, and if there had been such a \ charge , proved against any one of them, he Would hale thrown up his brief; but the faCt was, Go %eminent would not entrust the merchants with the bonding of their own goods ; and, by an Plot of Parliament, obliged them to bond it in li celised store houses ; where, to their shame and dissatisfaelion, frauds were prevented, and by the prevention .of them the revenue ceased to be cheated ; and this reflected honour on the \Vest India Dock Company, although it. might gall the merchants. There was not a single count 'in the declaration charging that they were stowed in an impropet place. The sheds bad been built three years, and although there was a combination of the wholevol• the merchants, this was\ the only solitary instance they could bring forward.—The Court and Jury could not believe it was on account of respe& to the Company, if they had other instances, that they did not produce them. — There never was a more miserable, or a more infa mous attempt to injure a body of men, than the pre sent was. His clients would never have defended this action, but they thought it their duty, as a body, to disperse any aspersions that might be attempted to be insinuated. He concluded by observing, that he would not call any witnesses, and he felt' per fealy satisfied the Jury would set their_faces against such a combination, and give their verdiel fOrthe Defendant. Lord Chief Justice ELLENBOROUGH summed up the evidence, and observed, that. the question "for the Jury to consider was, whether there had been any negled or inattention in the Company th 4 caus ed the loss ? or that the sheds were an improper placefor the rtim - to be stowed in, and by its being exposed to the rays of the 4tITI and the draft of the air, the loss was sustained ? If this were'their opinion, they would give their verdii.i for the Plain tiffs, but if not, they would give their verdict for the Defendant. He could - not.help saying, although the mer Chants who gave their evidences were ip,-.sorue degree interested, he thought they had aele4erfett ly honoUrable in the mode they had declared their having that interest to the Court. The JurS , , without considering a minute, gave a verdiL for the Plaintiffs---41. Gs. 9d. MARTHA HILLYER V. COLONEL FLINT. This was an a6tion to recover tool. from the -De fendant, for money laid out fortis use. It appeared that the Plaintiff had lived in the capacity of house keeper with the Defendant, and had been in. the custom, for years, to pay his bills, and purchase all the provisions that came into the house ; she used to- give him a . weekly account, and he used to pay her regularly 51. a week 5-but it appeared on the lace of her books 'that the weekly- expellees amounted generally to a greater sum. Lord ELLENBOROUGH, on. looking over the ac count, said, he thought there was something due to the Plaintiff, although not to the amount set forth in the declaration. He would therefore recommend to the parties, to leave it to the decision of a Gentle man at the Bar, who would have a better opportu nity and more time than the Jury to investigate it. , This was agreed to, and it was left to arbitration accordingly. • WEDNESDAY, JULY 20. FLEET V. MARSDEN. This was an aCtion for the board and lodging of the Defendant's wife, charged at upwards-,of 2201. It appeared on the trial, that the Defendant and his wile had been separated for near 20 years, although the deed of separation was not produced. The, De fendant was a poor man living at Deal, and on his separation from his wife, he . settled on her 201. a year as a separate maintenance, which was as much as his circumstances could afford. She had a house in Rosemary-street,Clerkenwell, and had made some money in letting lodgings. Having afterwards fallen into ill health, she went to the house of the Plaintiff; who was married to her sister, and lived there for six months. The trustees of the deed of separation had paid the Plaintiff during that time the suin of ► 01. being half a year's allowance ; but the Plaintiff considered himself entitled to bring his maim) against the husband for necessaries fur nished to his wife, according to the fair and reason able value. A point of law arose upon this case ; whether an aEtion would lie against a husband from 'a trades man for .necessaries furnished to a wife, when it was knoWn by the tradesman that the wife Was se parated from her husband. _ _ Lord ELLENI3PROUGII conceived that it was now generally Understood that. the aaiQn would lie, but that the husband might be indemnified by-the trus tees to the deed of separation. In the present case, however, it appeared that the Defendant's wife had some Money when she went into• the Plaintiff's house, which money was really the property of her husband, and which she ought to have applied, as far as it would go, towards paying her necessary ex p.2nces. . The Jury, after a short consultation, found a ver ditt generally for the Defendant., Atter one or two Undefended causes were disposed of, the Sittings at Westminster concluded, and the Court rose at about twelve.e'clock. The court will sit to-morrow at Gu►ldhall. COURT OF EXCHEQUER, jutY 20. HUGUENINE V. BAZELEY. A Petition was presented in this case pa the part of the Defendant, who had been ordered by Decree of the Court to deliver up the possession of an estate, belonging to the Plaintiff, .tinder a deed which tbe Court had ordered to be set aside, praying the D ecree might be suspended pending an Appeal there 'from to the House of Lords. Tile application was grounded on an allegation, hat great hardship would arise to the . Petitioner should he be precluded from trying the Appeal in . , ad publlshei by IVILLIAM ARMIGER SCRlrrs, South Molton.stret, Grosvci.or—s luArci r the Wader.-1 etlers for the Editor, Bcc, (Post-paid) must be addressed. . . . 'iiiie4tion, By rnis-info'fin:itiOn curse cif Lortl as *to the tuo:le of proceeding, he had failed to pt - • sent his Appeal within fourteen days of the Decree , not being aware of the tact, that this 'defecl Migla be cured by atr; Lotd of Parliament ri'siog - in his place, And stming - that to his knowledge a grievance in the ease did„e'xi-..t. Thr Petition, moreover stated , the Defendant had expended motley in repairs ; he was willing to give security for the rents, aiid f,i t. all sums ).% Lich might be found due to the Plain 7 tiffs, over and above the 4001. being the . stipulated 'rent of the estates ; and that several other matters still remained to be settled by the Master. • . Sir SAMUEL IIOMILLY, Mr. HOLLIST, and Mr; DANIELS, resisted this application.' They contend' ed that the Petitioner had laid no grounds to‘varrayt ity even in the di.icretioliarrpower of the Conn.! Mr. B's toode of obaining the estate was fresh in ail recolle6tion of the Court ; a n d hi s L or d s hi p 'could not tail to recolleet that his conduCt did not entitle him to any extraordinary favour -or indulgence.- - Compliance with the prayer of ihe Petition would have this t!dditional died against the.Plaintiffs,.the salmi proprietors of the estate, that while the De fendant,- the fraudulent - holder of the estate, was lowed to remain in - - possesSion, the Plaintiffs, wild were both legally and by the Decree of the Court; entitled to the possession, might b e su ff ere d to die in 'l'lw LORD CHANCEtLOR said, if he wee to lister to the present Petition, it would only be_ necessary for a panty to allege his.ignorance of the ptactice of - the House of Lords, as to the Standing Order, render a Decree of that Court at any time ineffec— tual., He confessed , that he doubted of the judg' merit pronounced by hitu in this case, but still,' 0. 4 a Decree of the Court, he wits bound to give it ci' feat. No appeal to the House of Lords could stop the elle& of hiS Lordship's Decree till final execs' tion. The Prayer of the Petition was accordingly refused. . On Thursday last an alarming accident occurred at Thettbrd G. W. Marshall, clerk of the three paiishes in that sown, had occasion (in 198 situation_ of Serjeant-Major of the TheitOrd \Tokio' teers) to assort some damaged cartridges, in doing. which a spark from a hearth-brush, which lid jost, been used in sweeping up the e m b ers o f a W 0 0 4 , 1, ire, and was procured by his son for the p ur p ose 0' gathering up some scattered powder, accidenolti communicated with a barrel of gniipowder stand' Mg near, which exploded, and blew up him and his youngest son, a considerable .distance. The wore' shop in which they were instantly took fire, and' from its communication with the house and ing buildings, at first occasioned considerable alarm, but . the flames were soon subdued, from the ready assistance' afligded by all classes of the inho 4 bitants., Poor Marshall and, his boy languished until the following evening (Friday), when the! died, in -consequence- of their having been mos t shockingly burnt and maimed. .It is not unworfbi of record, that this man bad, kir- a considerable period, filled nearly 30 situations in the Borough orl Thetford, and his loss is much 41ored there• - ' The father' was 40, and the. son t t years 'of age' A subscription for his widow and six surViving child dren has been set on foot by Major Gill and th e other Officers of the Volunteers, which has already a received a conside r abl e a ddi t i on f rom t h e. i n h a b i tant" in. general. On Monday evening these unfortunate persons were interred in St. Mary's church-yard, Thetford , when the Officers and whole Volunteer Corps at tended them to the grave, with a great 'number 0 ' the principal- inhabitants, and the largest assemblage of persons ever witnessed there on such an occasion; after the funeral, Major Gill.addresscfl the corps 41 a - . manly and impressive speech, pointin g out t ° them, in the most feeling ter ms , t h e great l oss the, had sustained; when the Non - commissioned Off"cers and Privwes, to a man, participating in th e same • feelings, desired they might be permitted t°, add three days pay to the subscription forthe benefi t of .the widow and children. • Thetford Wool Fair, held on Saturday. last, 4 1 4 ' no so fully attended as in - some prcyroirs'years, 101 .7 very little,' if any, business Was done. • . Between the hours of seven and eight o'clock °`'!. Thursday morning last, at Folkestone, the tic!: flowed and ebbed twentv.five feet in three minutes' this _very. remarkable circumstance has never befe t been witnessed by the oldest fi s he r m en o f ti l° " town. Tuesday evening, at seven o'clock, as the work,: men were taking down an old house, which stano° on the scite of the intended right wing of the Ot6c d of Ordnance, in Pall Mail, thelloors fell in with tremendous crash, and buried' two workmen in £1) ruins. SHIP NE iks • CRAVMSEND,JULY - Passed by—the Whim, Forbes, from Gibraltar ; Mar i2 ' ,Sinclair, Marian, kVer,taer.hqad, Adventure, MfK - ezi dri4; l " Navigation, Moncur, Kitty, Musgrove, Two Friends, TIT her, Nestor, Richardson, and'Duchess of Richmond, Ne7 7 ' port, from St. Croix and the Beaver, Vine, fiom Cork , Sailed^ the hound, Lindon, for the Braids r Cheste!.t Nicoll, for Malta ; . and the Earl Bathurst, for AO' - , Yesterday, at St. Andrew's„ Holborn, Mr. Laurence, o Hatton-garden, .to Miss Rumbell. On' Saturday, .at his house in fohn-street, Reiff rd.raY. 7 l .l l Ensign George Strange War,fs, bor.' -son of the late Cavt a George Strange Na res., of tie path gegiment of Foot.. The sitne•tlay, after a few h!mrs severe illness, 1-larrie.t/ the Lady of Thorn fs . Oliver, EN": of Park street, Bristo" and folmerly Governor of Massicnusetts Bay, North Alo e rtea. On Monday morning last, at his house,. Thomas travv lo. Est. of Welwyn, Mfrs. ft 1 he - same'day, after an illness of many sears, aged 67,. Cotesbatch, Leicestershire, rite Rev. Robert IVl:trriott, L." . , Rector of Cotesbatch, and of Gilmorton, id the same Cou , ': Early on'Tuesay morning, at 'Mr. ko..lanoson's, ci. 01 4 side, Miss Harrison, of Stubb-Flouse,- in the Coutuy Durham, aged 2.g, after a bang and painful illness. , same day, at Southwood, II igh4a.te, in - her 69ta Mrs. Longman, widow of the late Thomas 'Longman, A-`'' of Hampstead. Wednesday the loth lune last, at Soulb , ..ry, the Rev. Edmund Wodley, Clerk, aged 7i , one of Jiffs •‘' jesty's lustices of the Peace 141 the Coutati:.s of l3iicki Beds ; and on Thursday the 14th Ittly,inst, sirs. Wchi leir widow and relict of th,:. above, aged 72. On the zBth ult. at Laurencekirk, the Right Rev. 1 03; than Watson.